USPTO Patents Application 10671495

O^P^X Docket No.: G0126.0229

(PATENT)

DEC 3 0 2003 TJ

IN THE UNITED STATES PATENT AND TRADEMARK OFFICE

In re Patent Application of:
Shinsuke Shiota, et al.

Application No.: 10/671,495

Filed: September 29, 2003 Art Unit: Not Yet Assigned

For: ELECTRONIC APPARATUS Examiner: Not Yet Assigned

INFORMATION DISCLOSURE STATEMENT (IDS)

Commissioner for Patents

P.O. Box 1450

Alexandria, VA 22313-1450

Dear Sir:

Pursuant to 37 CFR 1.56, 1.97 and 1.98, the attention of the Patent and
Trademark Office is hereby directed to the references listed on the attached PTO/SB/08.
It is respectfully requested that the information be expressly considered during the
prosecution of this application, and that the references be made of record therein and
appear among the "References Cited" on any patent to issue therefrom.

Timing of Filing of the Information Disclosure Statement:

£3 This IDS is being filed before the First Office Action 1 .

I I This IDS is being filed after the issuance of the First Office Action but before the
issuance of a Final Office Action 2 .

The IDS should, where possible, include a certification under 37 C.F.R. §1. 97(e).

2 The IDS must include either a certification under 37 C.F.R. §1.97(e) or the fee set forth in 37
C.F.R. §1.17(p).

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I | This IDS is being filed after the issuance of a Final Office Action but before the
payment of the Final Fee 3 .

Certifications:

If checked, the undersigned makes the following statement(s):

□ Statement under 37 CFR § 1 .97(e):

Each item of information contained in this information disclosure statement was
first cited in any communication from a foreign patent office in a counterpart
foreign application not more than three months prior to the filing of this
information disclosure statement; or

No item of information contained in this information disclosure statement was cited
in a communication from a foreign patent office in a counterpart foreign
application, and, to the knowledge of the undersigned after making reasonable
inquiry, no item of information contained in this information disclosure statement
was known to any individual designated in § 1.56(c) more than three months prior
to the filing of the information disclosure statement.

□ Statement Under 37 C.F.R. § 1.704(d):

Each item of information contained in this information disclosure statement was
cited in a communication from a foreign patent office in a counterpart application
and this communication was not received by any individual designated in §1. 56(c)
more than thirty days prior to the filing of this information disclosure statement.

Fee Required by 37 C.RK $ 1.97(c)(2) or 1.97(d)(2):

□ If checked, the fee of $180.00 set forth in 37 C.F.R. §1.17(p) is attached.

3 The IDS must include both a certification under 37 C.F.R. §1. 97(e) and the fee set forth in 37
C.F.R. §1.17(p).

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Copies of Information;

In accordance with 37 C.F.R. §1. 98(a), the following are enclosed:

E><] A legible copy 4 of each document (or relevant portion thereof) is cited in the
attached PTO/SB/08.

El With respect to any information which is not in English, a concise explanation of

the relevance, as it is presently understood by the individual designated in § 1.56(c)
most knowledgeable about the content of the information, is attached. This
concise explanation is provided by way of:

I I A translation of the relevant portions of the non-English language
information 5 ;

I | A statement explaining the relevant portions of the non- English
language information;

I I A copy [and, where not in the English language, a translation] of at
least the relevant portion(s) 6 of the communication from a foreign patent
office in a counterpart foreign application in which the information was
cited; or

1X1 This information is contained in the specification of the present
application.

4 A legible copy of the document is not required if (1) the information was previously cited by, or submitted
to, the Office and considered by the Office in a prior U.S. application to which this application claims
priority, provided that the prior application is properly identified in this IDS, and (2) the IDS submitted in
the earlier application complies with 37 C.F.R. § 1.98(a) - (c). This exception does not apply to
information cited in an International Application.

5 37 C.F.R. §1. 98(a)(3)(H) requires that an English language translation be provided when a translation of
the document, or portion thereof, "is within the possession, custody or control of, or is readily available to
any individual designated in 37 C.F.R. § 1.56(c)."

6 The relevant portion is that portion which indicates the degree of relevance found by the foreign patent
office. This may be an explanation of which portion of the of the reference is particularly relevant, to which
claims it applies, or merely an "X", "Y", or "A" indication on a search report. MPEP §609 III A(3).

90832 v1; 1Y34011.DOC

I I In accordance with 37 C.F.R 1.98(d), copies of the cited documents are not

which the present application relies upon for an earlier effective filing date under 35 U.S. C.
120.

Materiality:

Whether or not the information and references disclosed in this Information
Disclosure Statement is "material" pursuant to 37 CFR 1.56, this submission is not
intended to constitute an admission that any patent, publication or other information
referred to therein is "prior art" for this invention unless specifically designated as such.

In accordance with 37 CFR 1.97(g), the filing of this Information Disclosure
Statement shall not be construed to mean that a search has been made or that no other
material information as defined in 37 CFR 1.56(a) exists.

It is submitted that the Information Disclosure Statement is in compliance with 37
CFR 1.98 and the Examiner is respectfully requested to consider the listed references.

In the event the actual fee is inadvertendy not enclosed or if any additional fee
during the prosecution of this application is not paid, the Patent Office is authorized to
charge the underpayment to Deposit Account No. 50-2215.

Dated: December 30, 2003 Respectfully submitted,

enclosed as they were provided in application Serial No.

, filed

By V* ^

Steven I. Weisburd

Registration No.: 27,409
DICKSTEIN SHAPIRO MORIN &

OSHINSKY LLP
1177 Avenue of the Americas
41st Floor

New York, New York 10036-2714
(212) 835-1400
Attorney for Applicant

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PTO/SB/08a/b (08-03)
Approved for use through 07/31/2006. OMB 0651-0031
U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE
Under the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it contains a valid OMB control number.

DEC 3 0 2003

V Substitute for form 1 449A/B/PTO

9 INFORMATION DISCLOSURE
* STATEMENT BY APPLICANT

(Use as many sheets as necessary)

Complete if Kn wn

Application Number

10/671,495

Filing Date

September 29, 2003 I

First Named Inventor

Shinsuke Shiota

Art Unit

Not Yet Assigned

Examiner Name

Not Yet Assigned

Sheet 1 of 1

Attorney Docket Number

G01 26.0229

U.S. PATENT DOCUMENTS

Examiner
Initials*

Cite
No. 1

Document Number

Publication Date
MM-DD-YYYY

Name of Patentee or
Applicant of Cited Document

Pages, Columns, Lines, Where
Relevant Passages or Relevant
Figures Appear

Number-Kind Code 2 ( if known)

FOREIGN PATENT DOCUMENTS

Examiner
Initials*

Cite
No. 1

Foreign Patent Document
Country Code 3 -Number*-Kind Code 5 (if known)

Publication
Date
MM-DD-YYYY

Name of Patentee or
Applicant of Cited Document

Pages, Columns, Lines,
Where Relevant Passages
or Relevant Figures Appear

7*

BA

-JP 7-336294 (with English
abstract)

12-22-1995

BB

-JP 2001-223712 (with English
abstract)

08-17-2001

BC

-JP 2002-185476 (with English
abstract)

06-28-2002

BD

-EP 1 207 654 A2

05-22-2002

BE

-EP 0 684 707 A1

11-29-1995

BF

-JP 2002-152276 (with English
abstract)

05/24/2002

•EXAMINER: Initial if reference considered, whether or not citation is in conformance with MPEP 609. Draw line through citation if not in conformance and not
considered. Include copy of this form with next communication to applicant. 1 Applicant's unique citation designation number (optional). 2 See Kinds Codes of
USPTO Patent Documents at www.uspto.gov or MPEP 901 .04. 3 Enter Office that issued the document, by the two-letter code (WIPO Standard ST.3). 4 For
Japanese patent documents, the indication of the year of the reign of the Emperor must precede the serial number of the patent document. 5 Kind of document
by the appropriate symbols as indicated on the document under WIPO Standard ST.16 if possible. 6 Applicant is to place a check mark here if English language
Translation is attached.

NON PATENT LITERATURE DOCUMENTS

Examiner
Initials'

Cite
No. 1

Include name of the author (in CAPITAL LETTERS), title of the article (when appropriate), title of the item (book,
magazine, journal, serial, symposium, catalog, etc.), date, page(s), volume-issue numbers), publisher, city

and/or country where published.

T 2

'EXAMINER: Initial if reference considered, whether or not citation is in conformance with MPEP 609. Draw line through citation if not in conformance and not
considered. Include copy of this form with next communication to applicant.

applicant's unique citation designation number (optional). Applicant is to place a check mark here if English language Translation is attached.